Appeal No. 2005-0289 Page 12
Application No. 09/491,841
definition out of context with the language of the Dictionary
definition. Webster's New World Dictionary1, Second Edition,
© 1972, recites: "4. a) something that seals, closes or fastens
tightly or securely; specif., a piece of metal, paper, etc., so
placed over a lid, cap, etc. that it must be broken before the
container can be opened b) a tight closure, as against the
passage of air or water."
From our review of the Dictionary definition of a seal, we
find that "fastening tightly or securely" is not enough to
provide a seal, but rather that a seal requires that the tight
enclosure prevents intrusion. As such, the tight cushioned
support of Ellinwood is not a seal, and accordingly, the edges 13
of the tubular cushioning material are not sealing lips as
recited in the claim. Moreover, we agree with appellant (brief,
page 15) that in Ellinwood, the cushion does not provide a seal
because it does not surround the conduit. In any event, even if,
assuming arguendo, we considered the edges of cushion 13 to be
sealing lips, and considered the conduit of Ellinwood to be a
coaxial cable with bare elements, Ellinwood would still not
anticipate independent claims 1 or 13 because the claims recite
1 A copy of the pertinent pages of the Dictionary is attached to our
Decision.
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